Frank A. Rubino, ESQ.


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Miami Florida Federal Criminal Defense Law Blog

Florida proposals suggest lower sentences for some drug charges

One of the issues under constant debate regarding drug crimes involves sentences for relatively benign crimes. The issues revolve around whether first-time offenders, those in possession of small amounts, and crimes involving less serious drugs like marijuana should face lesser sentences than those convicted of more serious crimes.

Adding weight to this debate is the problem of over-crowded jail and prison systems. In the opinion of many, the lesser drug crimes and first-time charges should be treated more leniently to save costs and reduce pressure on an over-crowded prison system.

Addressing Medicaid fraud is a multi-sided problem

Medicaid fraud is a serious problem, because it takes funds away from those who need it most. Medicaid enrollment is monitored, but in some states, double-checking those who are receiving benefits can quickly identify those who are making false claims and save millions of dollars.

Multiple states, including Florida, are taking steps to make sure those who receive Medicaid are qualified. These welfare benefits typically have eligibility checkups, but now, they'll be more common and more rigorous. Supporters of this increased monitoring state that fraud will be found out with more research, while others think that making it harder to enroll will hurt people more than it helps.

What is corporate fraud, and why is it so dangerous to the U.S.?

White collar crimes come in many forms, but one thing that binds them together is that they're investigated by the Federal Bureau of Investigation (FBI) at the federal level. The term white collar crime generally refers to crimes involving fraud committed by people in business or the government.

One kind of fraud that can be devastating to entire companies and communities is corporate fraud. Corporate fraud is also one of the main priorities of the FBI. Corporate fraud can lead to devastating effects on the U.S. economy and hurts investor confidence, potentially harming other businesses and individuals.

What is mortgage fraud and what does it entail?

Mortgage fraud is defined as a misrepresentation, omission or misstatement relating to a potential mortgage or property that is used by a lender or underwriter to purchase, fund or insure a loan.

The motivations behind mortgage fraud cases can vary, but in some cases it is to misrepresent oneself in order to obtain and own a property. In other cases, it may be because it's possible to make a larger profit if the buyer receives a loan that is larger than what he or she could get with his or her true employment or income history.

Drug trafficking charges require a strong defense

Trafficking is a serious crime, requiring tireless defense backed by knowledge and experience.

When facing even a single count of trafficking, you are facing serious problems. But what about multiple counts? What about multiple arrests in a short time for similar violations?

20-year-old faces trouble when he texts police officer drug offer

There are many people who commit drug crimes, and of them, the most minor typically involves marijuana. Despite the fact that marijuana is legal throughout some of the United States, it is not yet legal in Florida. That is unfortunate for this young man who accidentally texted a police officer that he wanted to sell marijuana.

A West Melbourne police officer was surprised when he received a text from an unknown number. The officer responded, knowing the message wasn't for him. After realizing the 20-year-old sender was messaging about selling marijuana, the officer arranged a pickup.

Paying taxes: The difference between mistakes and evasion

Tax evasion is a serious crime that can be prosecuted at the federal or state level. Fortunately, there is a distinction between true tax evasion and accidental evasion. For instance, if you pay your taxes but forgot to report a small amount of income, the Internal Revenue Service (IRS) wouldn't likely see you as a criminal. You'd be issued a bill, pay it and move on. That's not the case if you refuse to file taxes or don't report the majority of your income.

If the IRS has contacted you, don't panic. Many times, there are mistakes that simply need to be corrected. Mistakes don't make you a criminal.

Medicare fraud cases in Miami area heating up

The Miami Herald reported last week that a suspect in a major Medicare money laundering case was taken into custody in Madrid.

The suspect is Cuban businessman Jorge Emilio Perez de Morales, who was charged in 2012 with laundering $238 million in fraudulent Medicare payments here in South Florida.

Beware of false charities that spring up after disasters

As a criminal defense attorney, I sometimes encounter people who are accused of soliciting donations for fraudulent charities. This is a very serious offense that is routinely investigated by the FBI and state authorities. With Irma breathing down Florida's neck, now is an excellent time to review some tips on avoiding being taken in by false charities.

Here are six pieces of good advice for people who want to give to charity after Irma moves on:

Six accused of phony bail bond scam against nursing home patients

Strong Defense is Required for White Collar Crime Charges

In most white collar crime cases, the defendants are at a significant disadvantage. Because the cost is so high to investigate and prosecute complex white collar crime cases is so high, police and prosecutors are reluctant to move on these cases unless there is a significant amount of evidence and confidence that they will win.

Coral Gables Office

Frank A. Rubino, Esq.
550 Biltmore Way Suite 780
Coral Gables, FL 33134

Local: 305-858-5300
Toll Free: 1-866-718-3994
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Houston Office

Frank A. Rubino, Esq.
712 Main St
Houston, TX 77002

Local: 713-574-7716
Toll Free: 1-866-718-3994
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